In response to Treasury’s Consultation Regulation Impact Statement: Improving the effectiveness of the Consumer Product Safety System
Our position in brief:
The National Retail Association, informed by our National Technical Standards Committee, believe change to the Australian Consumer Law is warranted as we share and support Treasury’s objective of ultimately ensuring that products sold to Australian consumers are safe.
We submit that a new system will only be more effective if it allows that its requirements can be communicated more effectively.
We submit that one ideal option is not presented in the RIS and therefore we strongly support formation of a stakeholder taskforce made up of industry, government and community specialists to research, develop and test the best solution.
In terms of the options presented in the RIS, we support Option 2 strongly, and elements of Option 5 in principle, but believe the best solution will require more research, collaboration and development over coming months.
To assist in starting this process, we submit the essential (or “non-negotiable”) elements of a new system are:
- A focus on product-risk based approach, with enforcement targeting businesses that do not currently take any “reasonable steps” to ensure their products are safe;
- A federal approach to implementation which is not fragmented or uniquely interpreted by local or state regulators;
- A consistent approach in application to businesses of all sizes and sectors to avoid loopholes and tokenistic targeting;
- Clear definitions of essential terms and expectations, and use of known concepts in the existing ACL, to avoid confusion;
- Comprehensive education and engagement programs to assist industry in developing safer products;
- A clear understanding of the relationship between a new system and specific product regulatory schemes such as the EESS and TGA;
- Clear and articulated responsibility for product safety being applied to only one “responsible party”;
- An ongoing advisory panel to increase collaboration, information-sharing and communication between industry and regulators.